The Legal 500

If the Romanian taxation system were under any sign, it would surely not have been Libra this year. Hence, the unbalanced practice of abrupt or disputed changes to the tax legislation persisted in disregarding the principles set forth in art. 4 of the Romanian Fiscal Code, whereby (i) the code is to be amended solely based on a law, (ii) the amending law must be advocated for, as a rule, six months prior to its entry into force, and (iii) any amendment to the code will enter into force starting the 1st of January following the year it was adopted.

Law 148/2012 regarding the registration of the commercial operations through electronically means was published in Official Gazette 509/201

The European Court of Justice („ECJ”) has ruled on the joined cases Mahagében (C- 80/11) and Peter Dávid (C/142-11).

Order 874/221/2012 approving the template, content and aspects regarding the submission and administration of the ‘Statement regarding the insured income under the public pension system’, was published in Official Gazette 421/2012

Emergency Ordinance 24/2012 amending and completing the Fiscal Code and establishing certain fiscal-financial measures was published in Official Gazette 384/2012

Order 700/2012 for the approval of the procedure for amending by default the fiscal vector regarding VAT and of the template and content of certain forms was published in Official Gazette 356/2012

Order 640/2012 approving the template and content of Form 307 “Declaration related to the amounts arising from the adjustment of value added tax” was published in the Official Gazette 316/2012.

The European Court of Justice („ECJ”) has ruled on the joined cases Balkan and Sea Properties ADSITS (C-621/10) and Provadinvest OOD (C-129/11).

EU Council Decision no. 232 of 26 April 2012 was published in EU Official Journal on 01.05.2012.

Order 518/2012 amending several Minister of Finance Orders was published in the Official Gazette 264/2012

The European Court of Justice („ECJ”) has ruled on the case Klub OOD (C-153/11).

Order 418/2012 approving the model and content of the Form (311) “Statement regarding the Value added tax due by taxable persons whose VAT registration code was canceled in accordance with art. 153, para. (9), let. a)-e) of the Fiscal Code” was published in Official Gazette 199/2012

The European Court of Justice („ECJ”) has ruled on the case Klub OOD (C-153/11).

Government Emergency Ordinance 2/2012 amending and supplementing the Company Law 31/1990 was published in Official Gazette 143/2012

Order 247/2012 regarding the procedure for the application of article 52 of the Fiscal Code was published in Official Gazette 129/2012

Government Decision 50/2012 amending and completing the Methodological Norms for the application of the Fiscal Code was published in Official Gazette 78/2012

Government Ordinance 2/2012 amending and completing the Fiscal Procedure Code was published in Official Gazette 71/2012

Romania

Carmen Peli and Carmen Korsinszki - PeliFilip

1 How is health care in your jurisdiction organised? The current Romanian health-care system was set by Law No. 95/2006 regarding the reform of the health-care system (Health Care Law), which creates the legal framework for the organisation and financing of the health-care system. 

AMENDMENTS TO THE LABOUR CODE

Order No. 183 (“Order”) of the president of the National Agency for Fiscal Administration for the approval of the template and content of the form (300) “Value Added Tax (“VAT”) Return”, was published in the Official Gazette of Romania, Part I No. 91 of February 4, 2011. The Order entered into force on February 4, 2011.

Government Decision No. 1.193 regarding the establishment of the minimum gross salary to be paid at national level (”Decision”) was published in the Official Gazette, Part I No. 824 of December 9th, 2010. The Decision entered into force on December 9th, 2010.

EU & COMPETITION   -   PUBLIC PROCUREMENT & REGULATORY   -   EMPLOYMENT & PENSIONS  -   TAX

Government Emergency Ordinance no. 85 (the „Ordinance”) regarding the amendment of Article 1 of the Government Emergency Ordinance no. 116/2009 referring to certain measures regarding the registration activity of the Trade Registry was published in the Official Gazette of Romania Part I no. 654 dated September 22, 2010. The Ordinance entered into force on September 22, 2010.

The law on public-private partnership no. 178/2010 (“Law”) was published in the Official Gazette of Romania, Part I no. 676 of October 5, 2010. The Law shall enter into force on November 4, 2010. 

Order 2238/2010 amending Order 101/2008 regarding the approval of the template and content of the forms used for declaring taxes and contributions with self-assessment or withholding regimes was published in the Official Gazette 538/2010

BANKING & FINANCE -- PUBLIC PROCUREMENT AND REGULATORY -- EMPLOYMENT AND PENSIONS -- ENVIRONMENT & ENERGY -- TAX -- INTELLECTUAL PROPERTY 

Government Emergency Ordinance 109/2009 amending and completing Law 571/2003 regarding the Fiscal Code was approved with certain amendments and completions. For more details, please refer to our Tax Flash 15/2010.(Law 76/2010 published in the Official Gazette 307/2010)

News in Laws - Monthly Legal Newsletter November 2009

EMPLOYMENT AND PENSIONS | ENERGY | PUBLIC PROCUREMENT | REAL ESTATE AND CONSTRUCTION | ENVIRONMENT | EU AND COMPETITION | REGULATORY | TAX

The electronic payment of taxes is a relatively new and unknown opportunity for most citizens in Romania. Hence, as per the president of the Agency for Services of the Informational Society, dated September 2008, “although in Romania over 6 million persons have internet access and the banks have issued almost 10 million cards, the citizens still prefer the queues in front of the offices for the payment of taxes to public institutions and very few of them use the existing payment instruments”.

Commercial Law in Romania: New enactments have been recently enforced - Law No. 118/2008 for the approval of Government Emergency Ordinance No. 119/2007 on the measures for fighting against the delay in the performance of the payment obligations resulting from commercial agreements (“Law No. 118/2008”), the Emergency Ordinance No. 79/2008 of 18 June 2008 on economic-financial measures for certain business entities (“G.E.O. No. 79/2008”) and the Emergency Ordinance No. 90/2008 on the statutory audit of annual financial statements and of consolidated annual financial statements („G.E.O. No. 90/2008”).Read more...